already been filed, the cases remain pending for some time without being formally submitted
for decision by the court or tribunal.
3.
Strictly monitor at each level the date the case was submitted for resolution.
The courts/tribunal should also establish a monitoring system for cases that remain
unresolved beyond the Constitutionally mandated periods in order to ensure that cases will
not remain pending for so many years, especially at the level of the Supreme Court.
4.
For courts to notify parties in the event they are unable to comply with the
time limits109 set by the Constitution on the resolution of cases, as a courtesy and in
consideration of the stress and mental anguish that a litigant goes through when pursuing a
case, in accordance with Section 15(3) of Article VIII of the 1987 Philippine Constitution,
which states:
“Sec. 15. x x x
xxx
“(3) Upon the expiration of the corresponding period, a certification to this
effect signed by the Chief Justice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of the case or matter, and
served upon the parties. The certification shall state why a decision or
resolution has not been rendered or issued within said period.
“x x x”
5.
Include “age of caseloads” in the annual reports of the Supreme Court
and of the Court of Appeals, similar to what the NLRC is reporting regularly.
6.
Study the feasibility of establishing an online CHR-NGO platform for the
reporting and monitoring of OFW cases. OFWs can report via the online CHR-NGO platform
their individual cases, starting at the SEnA stage. The online CHR-NGO platform can then
monitor: (a) the progress of the case as it goes through the Labor Arbiter, NLRC, Court of
Appeals and Supreme Court; (b) the result of cases resolved through settlement either
through the SEnA process or through mediation/conciliation.
7.
OFW organizations and migrants rights advocacy groups should continue to
engage the NLRC and the Judiciary, the Supreme Court and the Court of Appeals in
particular, towards the adoption of policies and measures to strengthen institutional capacities
to absorb an expanding caseload and to promote the right to access to justice and the right to
speedy disposition of cases of OFWs.
109
Section 15(3) of Article VIII of the 1987 Philippine Constitution, states:
(1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission for the Supreme Court, and, unless reduced
by the Supreme Court, twelve months for all lower collegiate courts, and three months for all
other lower courts.
(2) A case or matter should be deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself.”
66
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